Assessee JIVRAJ U.JAIN HUF, MUMBAI ITO 15(1)(1), MUMBAI

This case involves appeals by two HUFs, Jivraj U. Jain HUF and Mahendra Jivraj Jain HUF, concerning additions made for bogus capital gains for the 2009-10 assessment year. Both assessees have opted to resolve their disputes under the Vivad Se Vishwas Scheme, having filed the necessary forms. The Tribunal noted a similar situation addressed by the Madras High Court concerning the same scheme.

IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH “D”, MUMBAI

BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER &
SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER

ITA No. 1255/MUM/2015
Assessment Year : 2009-10

Mahendra Jivraj Jain HUF,
29, Manipar House, 1st Floor,
Parsi Wada Lane,
Mumbai 400 004.
PAN : AADHJ7669H
(Appellant)

Vs.

Income Tax Officer – 15(1)(1),
Mumbai.
(Respondent)

ITA No. 363/MUM/2015
Assessment Year : 2009-10

Jeevraj U Jain HUF,
Flat No.27, Khemraj Bhavan,
7th Khetwadi Lane,
Khetwadi Back Road,
Mumbai 400 004.
PAN : AADHJ8990B
(Appellant)

Vs

Income Tax Officer – 15(1)(1),
Mumbai.
(Respondent)

Appellant by : Shri Sanjiv M Shah
Revenue by : Dr Sunil Deshpande
Date of Hearing :1.12.2020 Date of Pronouncement : 04.12.2020

O R D E R

These appeals by two assessees belonging to the same group are directed against respective orders of learned CIT(A)-26, Mumbai [in short ‘the CIT(A)] dated for Assessment Year 2009-10.

2. The grounds of appeal relate to addition on account of bogus capital gain.

3. At the outset, it is noted that by a written submission it is stated that assessees have opted for solution of dispute under the Vivad Se Vishwas Scheme. He further states that Form 1 and 2 have already filed and a copies of the same are produced before us.

4. We note that in a similar situation, Hon'ble Madras High Court has in an appeal in the case of M/s. Nannusamy Mohan (HUF) vs ACIT vide order dated 16.10.2020 held as under :-

“3. The learned counsel for the appellant / assessee, on instructions, submitted that the appellant / assessee intends to avail the benefit of Vivad Se Vishwas Scheme (‘VVS Scheme’ for brevity) and in this regard, the assessee is taking steps to file the application / declaration in Form No. I.

To know more in details find the attachment file